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Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)

....m some portion of the suit land appertaining to plot Nos.47-250. But due to unavoidable circumstances they could not amend the plaint in time. Such amendment is required to be allowed for the ends of justice. 4. The application for amendment was opposed by the defendant respondents. After hearing......rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......ill in no way change the nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and not contradictory of the facts of the plaint. ………………………(15) Cases Referred to- Hanif Ali......ndment, other materials on record and given my anxious consideration to their submissions. 11. Now the question calls for consideration whether the Court of appeal below committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned ord..

Category: Procedural Law | Date: | Hits: 114

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......case the presence of the prosecution witnesses 1-8 at the scene are quite doubtful inasmuch as without witnessing the occurrence they appeared in the Court as tutored witnesses. He further added that according to the prosecution slain Shoeb Ahmed Litu and slain Zulfiqur sustained two injuries and ......�……………………Appellants Vs. The State………………………………………..Respondent Judgment April 23, 2005. Result: The appeal is allowed. Cases Referred to- Asadur Rahman @ Asad and others Vs. State, 15 B.L.D. 290; Nawabul Alam and others Vs. State, ......nsel then they found that accused namely Nesaruddin Mallick, Jahangir Mallick, Mosharaf Bepari, Selina Khatun, Kana Musa @ Moslem and Kalu Sheikh being armed with leza, Sarki, dao etc. forming an unlawful assembly forcibly entered into the char land situated at the eastern side of Tobna River appe..

Category: Criminal Law | Date: | Hits: 78

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....der without properly his judicial mind into the facts and circumstance of the case and law bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. Mr. Razzaque to fortify his submission has relied on the decisions reported in 4 BLC 615 ......n 4 BLC 615 and 53 DLR 610. 11. Mr. Tufailur Rahman, the learned Advocate on the other hand appearing for the opposite party No.2 by filing counter affidavit supports the impugned order which was, according to him just, correct and proper. He is the course of argument after placing the impugned a......��………Award-holder-Petitioner Vs. Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party Judgment June 7, 2010. Result: The Rule is made absolute. ......iction of Courts The jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to the litigation or of their lawyers…………(21) Cases Referred to- Bangladesh Chemical Industries Corporatio..

Category: Civil Law | Date: | Hits: 178

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......�……………………Petitioner Vs. Artha Rin Adalat and other…………………………Respondent Judgment May 30, 2010. Result: The Rule is discharged. Cases Referred to- Rahima Auto Rice Mills Vs. Manager, Pubali Bank Ltd., 60 DLR 313;Sheikh Nazmul Haque Vs. Bang......the Bank under section 34(1) of the Artha Rin Adalat Ain, 2003 for issuance of warrant of arrest against the judgment-debtors and contending that Md. Harunur Rashid, Senior Officer of the Bank had no lawful authority to file the application on behalf of the decree-holder Bank and therefore, the appl..

Category: Civil Law | Date: | Hits: 154

Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ......10. 6. The Painmark Impex Private Ltd, 432 Balestier Road, 6-440 Public Mansion, Singapore made a invoice being Invoice No.PMK-020/2010 dated 14-8-2010 in favour of the petitioner Enterprise and accordingly packaging list of the goods has been prepared, i.e. Glassware and Tableware with (Soup......ry 1, 2011. Result: The Rule is disposed of with observation and direction. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. SM Moniruzzaman, Assistant Attorney-General - For the Respondents. Writ Petition No.10080 of 2010. Judgment SM Emd......per declaration of Table (invoice value) Invoice Value being No.PMK-020/2010 dated 14-8-2010 (as contained in Annexure-"D" to the writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Briefly the facts of the case, are that the petiti..

Category: Fiscal/Taxation Law | Date: | Hits: 151

Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)

....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......amination has prejudiced the accused in his defense which otherwise might have entitled him to benefit of doubt. 17. For all the reasons states above we find merit in this appeal. The appeal is, accordingly, allowed. The impugned judgment and order of conviction and sentence are set aside. The ......ises out of a judgment and order dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (sole accused) under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorousimprisonment for 10 years and 7 years respectively under those sections of law mak......ong convicting the appellant (sole accused) under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorousimprisonment for 10 years and 7 years respectively under those sections of law making the sentences to run concurrently. 2. The case arose out of a first information report..

Category: Criminal Law | Date: | Hits: 84

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......ondent-Petitioners Vs. Chini Miah and others……………………….Defendant-Appellant-Opposite Parties Judgment May 22, 2007. Result: The rule is discharged. Cases Referred to- Constantine Line Vs. I.S. Corporation, 1941 2 ALL E.R. 165. 179; Sova Rani Guha alias Sova Ra......nd possessor of the property and, as such, got no authority to transfer the property in favour of Plaintiffs and their predecessors by deed dated 27.8.1975 and the three deeds did not stand operative lawfully. V. Deed of Defendant side could not be characterized to be erroneous in face of discrep..

Category: Procedural Law | Date: | Hits: 155

State Vs. Rois Khan and another, 2009, 38 CLC (HCD)

....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ...... and sentence. Lawyers Involved: Md. Atiur Rahman, Advocate - For the condemned prisoners/appellants. Farhad Ahmed, Deputy Assistant General with Md. Ensanuddin Sheikh, Assistant Attorney General and Md. Masud Hasan Chowdhury, Assistant Attorney General - For the State. D...... there be such finding or prosecution failed to prove bring such evidence on record, then the conviction under table 1(kha) of section 19(1) of the Narcotics Control Act, 1990 is not sustainable in law and also on the facts of the given case. 7. Mr. Farhad Ahmed, learned Deputy Attorney-General..

Category: Criminal Law | Date: | Hits: 112

Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)

....tted an error of law in passing the impugned judgments in failing to appreciatethe case of the respective parties in its true perspective, resulting in an error in the decision occasioning failure of justice as such, the same are liable to be set aside. He next in the course of argument after placin...... other hand, Mrs. Nurun Nahar, the learned Advocate appearing for the defendant-respondent-opposite parties by filing counter affidavit supports the impugned judgments of two Courts below which were, according to him just, correct and proper. The learned Advocate, thereafter, submits that both the C......etitioners Vs. Mobarak Sheikh and others……………………Defendant-respondent Opposite-Parties Judgment August 26, 2009. Result: The Rule is made absolute. Cases Referred to- 29 DLR 9; 6 MLR 6; 35 DLR (AD) 276; 37 DLR (AD) 202Abdul Jabbar Vs. Abdul Aziz, 19 DLR 9; Dha......ore this Court and obtained the present Rule. 7. Mr. Md. Humayun Kabir Bulbul, the learned Advocate appearing for the plaintiff-petitioners submits that both the Courts below committed an error of law in passing the impugned judgments in failing to appreciatethe case of the respective parties in ..

Category: Property Law | Date: | Hits: 100

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......�Defendant-Appellants Vs. Agrani Bank & others………………………Plaintiff-Respodents Judgment August 23, 2010. Result: The appeal is dismissed. Cases Referred to- Woodbrair Estate Ltd. Vs. Catholic Bank of India ltd., AIR 1958 Ker 316 (DB); Baker Vs. Barch......ntest. The defendant preferred the appeal essentially on the grievance that as collecting bank it had done its business in good faith and without negligence thus is entitled to protection provided by law which is missed by the trial court. 3. The case set out in the plaint, in short, is tha..

Category: Business or Commercial Law | Date: | Hits: 548

Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)

....141 of the Negotiable Instruments Act being procedural law the latest amendments to those sections shall apply to the case of the petitioner. If a case is tried by the Court of Sessions, the cause of justice will bebetter served as the Sessions Courts are named by Senior Judicial Officers unlike the......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......n (Dhanu)......................Petitioner Vs. State and another......................Opposite Parties Judgment February 11, 2010. Result: The Rule is discharged. Cases Referred to- Jahid Faisal Vs. Bangladesh, 14 BLC at page 250; Zahid Hossain Vs. State, 61 DLR 386; Ali Akk......e contention of the petitioner is subject to prove and that the complainant categorically described the very arising out of cause of action having to ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Assistant Sessions Judge, 2nd Court, Mymensingh on appreciat..

Category: Criminal Law | Date: | Hits: 84

Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)

....ivelihood. Since right to trade is a fundamental right and since no show cause notice was given before cancellation of the Export Registration Certificate, it is violative of the principle of natural justice. From the impugned order, Annexure‑A, itself and some other papers as well as from the aff......nment Agencies, Lloyds Surveyors and the buyers' agents as to the quality of the shrimp exported. The petitioners submitted that after all these inspections at packing stage and at the time and after according approval as to the quality by those agencies, it was absolved of all responsibilities on t....... Controller of Imports and Exports and others………………………………………Respondents Judgment February 24, 1997. Result: The Rule is made absolute. Cases Referred to- Authorised Officer of DIT Vs. Abdul Wadud Mallick, 20 DLR (SC) 229; Commissioner of Police Bo......ification No.21 (95‑96)‑Import dated 24‑1‑96 (Annexure‑A) issued under the signature of Assistant Controller of Imports and Exports. Chittagong should not be declared to be void and without lawful authority and is of no legal effect and why respondent Nos.1‑4 should not be directed to ca..

Category: Civil Law | Date: | Hits: 140

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......ntiff (Respondent) filed Title Suit No.23 of 1987 against defendant No.2 and two other persons for permanent injunction. Defendant No.2 was found by the Court to have life estate in the land sold and accordingly was adjudged not competent to sell the same except for legal necessity. Notwithstandi......ate Judge 2nd Court, Pirojpur, in Title Suit No.17 of 1998. 2. The facts as set out in the plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of the plaint originally belonged to one Rajkamol Shill and Brindabon Shill in equal shares. Rajkamol Shill died leaving two sons, Lal......operty can only be attributable to her husband unless otherwise proved. But nothing is proved to the contrary. Mr. Goswami finally submits that the decree passed by the trial Court is well founded in law and on facts andthere is no cogent ground so as to justify interference by this Court in appeal...

Category: Property Law | Date: | Hits: 107

Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)

....arned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that on 27-9-2007 plaintiff instituted Money Suit No.4 of 2004 in ......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......bsp; Md. Khairul Alam, Advocate - For the opposite party. Civil Revision No.4172 of 2008. Judgment Syed Md. Ziaul Karim J.- Leave was granted at the instance of defendant petitioner to consider whether the impugned judgment and order dated 29-6-2008passed by learned Special Distric......15 of 2006 and affirming those of dated 31-1-2006 passed by learned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that..

Category: Procedural Law | Date: | Hits: 122

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....er appellate Court reversed the finding of the trial Court without discussing the evidence on record and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. He further submitted that the learned Assistant Judge, on proper consideration of evidence ......e is discharged without any order as to costs. The judgment and decree dated 24-2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ........................Petitioner Vs. Md. Abdul Awal & others..............................Opposite Parties Judgment July 13, 2010. Result: The Rule is discharged. Cases Referred to- Manager Personal Division Vs. Sazahan Miah, 35 DLR 224; TCB & ANR Vs. Syed Sajeduzzaman, ......rned Advocate appearing for the petitioner submitted that the lower appellate Court reversed the finding of the trial Court without discussing the evidence on record and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. He further submitted that ..

Category: Civil Law | Date: | Hits: 144

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......ntiff and defendant Nos. 9-13 and Korban Ali's full brother Hachi Mia's sons i.e. Abdul Gani (predecessor of defendant Nos.1-4) and others. The land was amicable partitioned by family arrangement and accordingly was recorded in the name of Gani Mia in the BS record. After the death of Abdul Gani the......……………Defendant-Appellants Vs. Mozibur Rahman………………………….Plaintiff-Respondent Judgment March 25, 2010. Result: The appeal is allowed. Cases Referred to- 48 DLR (AD) 14; 56 DLR 303; Mohammad Moslem Khan Vs. Mohammad Mohsin Khan, 7 BLT (AD) 101; Nu......chedules. And the absence of direct denial in the written objection by defendant Nos.1-4 is fairly attributable to poor draftsmanship not to 'admission' as is taken by the learned judge. Admission in law has a technical meaning not to be inferred from absence of any positive statement or infirmity i..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....n his presence. He further alleged that he was coerced to sign on 17/18 blank sheets and therefore the enquiry was perfunctory. He was also not given any opportunity of defence and was denied natural justice. The Labour Court after considering the facts and circumstances of the case and evidence on ......for writing out excess weighment in his Khata dishonestly. An enquiry committee was constituted. Ext. 8 is the enquiry proceedings. The enquiry committee found the petitioner guilty of the charge and accordingly they submitted report‑Ext. 1. The petitioner has challenged the enquiry report. The pe...... Writ Petition No. 306 of 1987] Vs. Chairman, Labour Court, Khulna and others ................Respondents Judgment March 1, 1992. Result: The rules are discharged. Cases Referred to- Md. Waziullah and another Vs. Secretary, Bangladesh Shipping Corporation and others, 32 DLR 3...... to show cause why the impugned order dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labour Court, Khulna should be declared to have been passed without any lawful authority and to be of no legal effect. 1. Since these two rules were issued against the s..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......dment qualifying marks in the interview was introduced and it is 18 out of 25 marks. On 18-12-95 the said promotion guideline was again amended distributing 15 marks for educational qualifications according to the division or class obtained by the candidates in different examinations. Under the s......(Md.)…………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment May 20, 1997. Result: The Rule is discharged. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Ajoy Hasia Vs. Khaled Mujib, AIR 1981 (SC) 48......-96 (Annexure-K) promoting respondent Nos. 4-8 to the post of Assistant General Manager superseding and excluding the petitioner from promotion list should not be declared to have been issued without lawful authority and is of no legal effect. 2. Case of the petitioner is, that he was appointed L..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ...... Home Affairs, Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, ......ights, affecting his appointment in the service of the Republic and by doing so, it will not go beyond its jurisdiction. According to him, the fundamental rights of all citizens being ‘equal before law’, (Article 27) and ‘equality of opportunity in respect of employment, in the service of the ..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......011. Result: The Death Reference is rejected and the Jail Appeals and Criminal Appeals are allowed and the impugned judgment and order of conviction and sentence is set aside. Cases Referred to- Gupal Rajgor and others Vs. The State, 9 B.L.D. (1989) 358; Jaibar Ali Fakir Vs. The State, 2......rrence. The said two eye witnesses are, in fact, chance witnesses and that the appellant Fazlur Rahman @ Badal has been falsely implicated in this case as he got inimical relation with the brother-in-law the of confessing appellant Tutul. Mr. Hossain further submits that the veracity of the F.I.R. o..

Category: Criminal Law | Date: | Hits: 98

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